Press Release
November 4, 2010
The Philippine Airlines Employees’ Association (PALEA) asserted that they are fighting for job security and are not bargaining for higher separation pay. Gerry Rivera, PALEA president and Partido ng Manggagawa vice chairperson, stated that “Job security is priceless and cannot be bought by P1 million worth of separation. Such entitlements may well be above the separation pay mandated by law and our collective bargaining agreement but it nonetheless cannot provide for a decent life to those facing the prospect of long-term unemployment.”
He added that “A regular job that provides decent wages, substantial benefits, security of tenure and the protection of a union should not be an impossible dream. It is simply the best way for PAL to share the fruits of its employees’ labor. It is the kind of best practice a national flag carrier must adopt.”
PALEA countered claims by DOLE and PAL that none of the affected employees will be jobless. “All the employees to be retrenched by PAL may be absorbed by the service providers but only as contractuals. We are not assured of being regular workers in the service providers. In fact since the service providers can lay us off after only a few months, Baldoz ruling provides that PAL guarantee the wages of those affected for one year. As contractuals, we would enjoy no security of tenure and thus can be legally fired at the whim of the service providers. Without a union, we would have no protection and no voice as employees in the service providers,” Rivera explained.
He insisted that “We will be doing exactly the same work at the service providers but for cheaper wages, fewer benefits, no security of tenure and no protection of a union. Where is the justice in that? If this is not contractualization, then what is it?”
PALEA also slammed PAL President Jaime Bautista for “engaging in doublespeak.” “It is PAL workers not management who are being forced to swallow the bitter bill. PAL is faking it when it laments the heavy burden of the additional P500 million in separation pay ordered by Labor Sec. Baldoz. These artificial sweeteners to the poison are simply PAL’s slightly improved offer disguised as Baldoz’ order,” Rivera argued.
PALEA called on its “brothers and sisters in the labor movement and allies in civil society” for solidarity. “The fight for job security at PAL is the fight of all workers. The decision sets a dangerous precedent for it will open the floodgates to massive contractualization in all companies big and small. All Filipinos will be poorer when we become a nation of contractuals,” Rivera averred.
Thursday, November 4, 2010
Updated Briefing Paper on PAL-PALEA Dispute
Last October 29 Labor Secretary Rosalinda Baldoz released a decision that allows Philippine Airlines (PAL) to outsource its airport services, in-flight catering and call center reservations and layoff more than half of its workforce. The Halloween order will lead to the massacre of some 3,000 regular jobs and the death of the oldest union in the country.
The decision sets a dangerous precedent for it will open the floodgates to massive contractualization. Regular employees of PAL will be retrenched and then rehired as contractual workers in so-called third-party service providers. The work done at the service providers will be exactly the same but for cheaper wages, fewer benefits, no security of tenure and no protection of a union.
Moreover the decision disregards the specific provision of the collective bargaining agreement (CBA) that prohibits management from contracting out regular jobs and that restricts management prerogative. Also the decision accepted management’s blackmail that it will go bankrupt if not allowed to outsource work. However the financial statements and disclosures of PAL reveal that its business condition is improving and not deteriorating, thereby negating the necessity for retrenchment.
Baldoz engages in doublespeak when she claims that none of the PAL employees affected will be jobless. All the employees to be retrenched by PAL will indeed be absorbed by the service providers but only as contractuals. Not even Baldoz can assure that the employees hired by the service providers will become regular workers. In fact since the service providers can lay off the ex-PAL workers after only a few months, Baldoz ruling provides that PAL guarantee the wages of those affected for one year. As contractuals, ex-PAL workers would enjoy no security of tenure and thus can be legally fired at the whim of the service providers. Without a union, ex-PAL workers will have no protection and no voice as employees in the service providers.
The euphemistically termed “transition benefits” enumerated in the Baldoz ruling are mere artificial sweeteners to the bitter pill of contractualization. They may well be above the separation pay mandated by law and the CBA but it nonetheless cannot provide for a decent life to those facing the prospect of long-term unemployment.
A regular job that provides decent wages, substantial benefits, security of tenure and the protection of a union should not be an impossible dream. It is simply the best way for PAL to share the fruits of its employees’ labor. It is the kind of best practice a national flag carrier must adopt.
Philippine Airlines Employees’ Association (PALEA) calls on the President uphold his promise of change by reversing the Baldoz decision even as it plans to file a case at the Court of Appeals.
The decision sets a dangerous precedent for it will open the floodgates to massive contractualization. Regular employees of PAL will be retrenched and then rehired as contractual workers in so-called third-party service providers. The work done at the service providers will be exactly the same but for cheaper wages, fewer benefits, no security of tenure and no protection of a union.
Moreover the decision disregards the specific provision of the collective bargaining agreement (CBA) that prohibits management from contracting out regular jobs and that restricts management prerogative. Also the decision accepted management’s blackmail that it will go bankrupt if not allowed to outsource work. However the financial statements and disclosures of PAL reveal that its business condition is improving and not deteriorating, thereby negating the necessity for retrenchment.
Baldoz engages in doublespeak when she claims that none of the PAL employees affected will be jobless. All the employees to be retrenched by PAL will indeed be absorbed by the service providers but only as contractuals. Not even Baldoz can assure that the employees hired by the service providers will become regular workers. In fact since the service providers can lay off the ex-PAL workers after only a few months, Baldoz ruling provides that PAL guarantee the wages of those affected for one year. As contractuals, ex-PAL workers would enjoy no security of tenure and thus can be legally fired at the whim of the service providers. Without a union, ex-PAL workers will have no protection and no voice as employees in the service providers.
The euphemistically termed “transition benefits” enumerated in the Baldoz ruling are mere artificial sweeteners to the bitter pill of contractualization. They may well be above the separation pay mandated by law and the CBA but it nonetheless cannot provide for a decent life to those facing the prospect of long-term unemployment.
A regular job that provides decent wages, substantial benefits, security of tenure and the protection of a union should not be an impossible dream. It is simply the best way for PAL to share the fruits of its employees’ labor. It is the kind of best practice a national flag carrier must adopt.
Philippine Airlines Employees’ Association (PALEA) calls on the President uphold his promise of change by reversing the Baldoz decision even as it plans to file a case at the Court of Appeals.
Wednesday, November 3, 2010
PALEA to Malacanang: Can’t do a Pontius Pilate on PAL labor row
Press Release
November 3, 2010
The Philippine Airlines Employees’ Association (PALEA) today disputed Malacanang’s pronouncement that it must keep its hands off Labor Secretary Rosalinda Baldoz’ ruling allowing the mass layoff of some 3,000 employees.
Gerry Rivera, PALEA president and Partido ng Manggagawa vice chairperson, said that “Malacanang cannot do a Pontius Pilate on the mass layoff. Government put its hands deep into the labor row when former Labor Secretary Marianito Roque assumed jurisdiction (AJ). Sec. Baldoz kept government’s hands in the dispute since she did not lift the AJ and later affirmed the previous ruling permitting the mass layoff. In fact Baldoz used the same power to intervene by imposing another AJ order on the impending flight attendants’ strike.”
Nonetheless Rivera welcomed news reports that President Benigno Aquino III intends to review Baldoz’ ruling. “If indeed PNoy sent a text message to that effect then it is a welcome development. We challenge PNoy to uphold his promise of change by reversing the ruling. Also he better reprimand Deputy presidential spokesperson Abigail Valte for speaking from the hip for it is worse than tweeting undiplomatic messages. Valte may have read Baldoz’ decision as she alleges but she apparently did not understand it,” he explained.
Rivera added that Valte cannot recommend that PALEA file a motion for reconsideration (MR) since Baldoz’ ruling is in fact a denial of their MR. He stated that Valte moreover cannot use the argument that Malacanang must keep its hands off because the Department of Labor and Employment (DOLE) is part of the executive and not a co-equal body like the judiciary.
PALEA also slammed DOLE for alleging that the collective bargaining agreement (CBA) recognizes management’s prerogative to exercise the mass layoff. “While the PAL-PALEA CBA upholds management prerogative in general, this exercise is restricted by a separate provision explicitly banning the company from contracting out existing positions, jobs, divisions and departments presently occupied by present or future regular employees within the collective bargaining unit. DOLE prefers to turn a blind eye to this specific provision protecting job security,” Rivera elaborated.
Further, Rivera dismisses as lies PAL’s claims that it is losing money and will go bankrupt if not allowed to outsource work. He asserted that “Jurisprudence allows retrenchment as a measure of last resort which should only be undertaken in case of serious and imminent losses. The financial statements and disclosures of PAL reveal that its business condition is improving and not deteriorating, thereby negating the necessity for retrenchment.”
PALEA also announced that their lawyers are already preparing the case to be filed at the Court of Appeals. The union believes that while the Baldoz’ ruling is under appeal then PAL is prohibited from undertaking the mass layoff.
November 3, 2010
The Philippine Airlines Employees’ Association (PALEA) today disputed Malacanang’s pronouncement that it must keep its hands off Labor Secretary Rosalinda Baldoz’ ruling allowing the mass layoff of some 3,000 employees.
Gerry Rivera, PALEA president and Partido ng Manggagawa vice chairperson, said that “Malacanang cannot do a Pontius Pilate on the mass layoff. Government put its hands deep into the labor row when former Labor Secretary Marianito Roque assumed jurisdiction (AJ). Sec. Baldoz kept government’s hands in the dispute since she did not lift the AJ and later affirmed the previous ruling permitting the mass layoff. In fact Baldoz used the same power to intervene by imposing another AJ order on the impending flight attendants’ strike.”
Nonetheless Rivera welcomed news reports that President Benigno Aquino III intends to review Baldoz’ ruling. “If indeed PNoy sent a text message to that effect then it is a welcome development. We challenge PNoy to uphold his promise of change by reversing the ruling. Also he better reprimand Deputy presidential spokesperson Abigail Valte for speaking from the hip for it is worse than tweeting undiplomatic messages. Valte may have read Baldoz’ decision as she alleges but she apparently did not understand it,” he explained.
Rivera added that Valte cannot recommend that PALEA file a motion for reconsideration (MR) since Baldoz’ ruling is in fact a denial of their MR. He stated that Valte moreover cannot use the argument that Malacanang must keep its hands off because the Department of Labor and Employment (DOLE) is part of the executive and not a co-equal body like the judiciary.
PALEA also slammed DOLE for alleging that the collective bargaining agreement (CBA) recognizes management’s prerogative to exercise the mass layoff. “While the PAL-PALEA CBA upholds management prerogative in general, this exercise is restricted by a separate provision explicitly banning the company from contracting out existing positions, jobs, divisions and departments presently occupied by present or future regular employees within the collective bargaining unit. DOLE prefers to turn a blind eye to this specific provision protecting job security,” Rivera elaborated.
Further, Rivera dismisses as lies PAL’s claims that it is losing money and will go bankrupt if not allowed to outsource work. He asserted that “Jurisprudence allows retrenchment as a measure of last resort which should only be undertaken in case of serious and imminent losses. The financial statements and disclosures of PAL reveal that its business condition is improving and not deteriorating, thereby negating the necessity for retrenchment.”
PALEA also announced that their lawyers are already preparing the case to be filed at the Court of Appeals. The union believes that while the Baldoz’ ruling is under appeal then PAL is prohibited from undertaking the mass layoff.
Tuesday, November 2, 2010
PAL workers march to Mendiola in protest at DOLE ruling on mass layoff
Press Release
November 2, 2010
The labor row at Philippine Airlines (PAL) continues as some 300 PAL employees and supporters from various labor groups marched from the Department of Labor and Employment (DOLE) office in Intramuros to the historic Mendiola Bridge to protest the ruling allowing the mass layoff of 2,600 workers of the national flag carrier.
“Nasaan ang pagbabago sa gobyerno ni P-Noy? The Halloween order of Labor Secretary Baldoz merely reiterated the midnight decision of former Acting Labor Sec. Romeo Lagman that mass layoff is management prerogative. So is there any difference in the labor policy of Aquino and Arroyo?” stated Gerry Rivera, president of the Philippine Airlines Employees’ Association (PALEA) and vice chairperson of Partido ng Manggagawa (PM).
The protesters shared a lunch of “kanin at tuyo” to signify the dismal holidays that PAL workers face. The mobilization is the second in a series of protest actions led by PALEA in as many days. Yesterday dozens of PALEA members erected a makeshift cemetery at the DOLE office to symbolize the “death of job security at PAL.” Rivera revealed that even bigger protests are on the drawing board.
“Sec. Baldoz once said that the PAL-PALEA dispute is a litmus test of labor relations under the P-Noy government. With her order permitting mass layoff and labor contractualization, then we can only expect anti-labor decisions and policies from this government,” argued Rivera.
“Lumihis na si P-Noy sa tuwid na landas. Wala dapat boss na kontraktwal. Wala dapat boss na busabos,” insisted Judy Ann Miranda, PM secretary-general. She added that “We are all PAL workers,” as PM called on labor groups and civil society organizations to rally round the fight of PALEA for job security and union rights.
Rivera countered Baldoz’ contention that nobody will be unemployed since all the 2,600 to be retrenched will be rehired by the service providers. “The retrench then rehire scheme is a scam to implement contractualization. Baldoz cannot and did not promise job security in the service providers. As contractuals, we will have no security of tenure. We can be laid off at the whim of the service providers. We will have no union to protect us as employees in the service providers,” he explained.
Miranda questioned PAL and DOLE’s common position that the national flag carrier will close down if the mass layoff is not permitted. “This blackmail and black propaganda aims to fool workers into accepting the bitter pill of retrenchment. The precedent of PAL’s maintenance and engineering department is illuminating. This revenue generating department was outsourced to Lufthansa Technik Philippines which is partly-owned by Lucio Tan. PAL may be bleeding but the second richest Filipino keeps on getting wealthier,” she insisted.
November 2, 2010
The labor row at Philippine Airlines (PAL) continues as some 300 PAL employees and supporters from various labor groups marched from the Department of Labor and Employment (DOLE) office in Intramuros to the historic Mendiola Bridge to protest the ruling allowing the mass layoff of 2,600 workers of the national flag carrier.
“Nasaan ang pagbabago sa gobyerno ni P-Noy? The Halloween order of Labor Secretary Baldoz merely reiterated the midnight decision of former Acting Labor Sec. Romeo Lagman that mass layoff is management prerogative. So is there any difference in the labor policy of Aquino and Arroyo?” stated Gerry Rivera, president of the Philippine Airlines Employees’ Association (PALEA) and vice chairperson of Partido ng Manggagawa (PM).
The protesters shared a lunch of “kanin at tuyo” to signify the dismal holidays that PAL workers face. The mobilization is the second in a series of protest actions led by PALEA in as many days. Yesterday dozens of PALEA members erected a makeshift cemetery at the DOLE office to symbolize the “death of job security at PAL.” Rivera revealed that even bigger protests are on the drawing board.
“Sec. Baldoz once said that the PAL-PALEA dispute is a litmus test of labor relations under the P-Noy government. With her order permitting mass layoff and labor contractualization, then we can only expect anti-labor decisions and policies from this government,” argued Rivera.
“Lumihis na si P-Noy sa tuwid na landas. Wala dapat boss na kontraktwal. Wala dapat boss na busabos,” insisted Judy Ann Miranda, PM secretary-general. She added that “We are all PAL workers,” as PM called on labor groups and civil society organizations to rally round the fight of PALEA for job security and union rights.
Rivera countered Baldoz’ contention that nobody will be unemployed since all the 2,600 to be retrenched will be rehired by the service providers. “The retrench then rehire scheme is a scam to implement contractualization. Baldoz cannot and did not promise job security in the service providers. As contractuals, we will have no security of tenure. We can be laid off at the whim of the service providers. We will have no union to protect us as employees in the service providers,” he explained.
Miranda questioned PAL and DOLE’s common position that the national flag carrier will close down if the mass layoff is not permitted. “This blackmail and black propaganda aims to fool workers into accepting the bitter pill of retrenchment. The precedent of PAL’s maintenance and engineering department is illuminating. This revenue generating department was outsourced to Lufthansa Technik Philippines which is partly-owned by Lucio Tan. PAL may be bleeding but the second richest Filipino keeps on getting wealthier,” she insisted.
Monday, November 1, 2010
PAL labor row erupts anew as workers protest DOLE decision
November 1, 2010
The labor row at Philippine Airlines (PAL) flares up once more at the start of the airline peak season with its workers starting today a series of protest actions against the recent decision of Labor Secretary Rosalinda Baldoz to allow the mass layoff of some 3,000 workers. At 10:00 a.m. today dozens of members of the Philippine Airlines Employees’ Association (PALEA), the ground crew union at PAL, held a symbolic protest at the main office of the Department of Labor and Employement (DOLE) in Intramuros, Manila.
The PAL employees brought a mock coffin with the label “RIP PAL workers” and also an effigy of Labor Sec. Baldoz in the image of the fictional “Kamatayan.” The protesters carried posters with messages such as “Job Security ng PAL Workers, Inilibing ni Baldoz,” “Baldoz Halloween Order and Lagman Midnight Decision, Parehong Anti-Labor,” “Baldoz, Mumultuhin ka ng Halloween Order Laban sa PAL Workers,” and “Kung Di Mo Kaya si Lucio Tan, Baldoz Resign.”
Gerry Rivera, PALEA president and also vice chair of the militant Partido ng Manggagawa (PM), stated that “The DOLE’s version of Oplan Kaluluwa is releasing an order on the eve of the Halloween holidays that revives the half dead proposal to permit contractualization at PAL. Contractualization means not just the death of job security at PAL but also kill the oldest union in the country.”
“Nobody will also themselves to be murdered without putting up a fight. This is a fight for decent jobs and protection for our families,” Rivera added. Tomorrow the protests continue with a march from the DOLE main office to Mendiola by several hundred PAL employees together with supporters from PM and other labor groups.
Rivera lambasted PAL’s argument that it will close down if the layoff and outsourcing move is not allowed. “This is simply blackmail and black propaganda meant to intimidate workers into accepting the unacceptable. Revenue generating departments such as airport services and catering will be outsourced to service providers which are partly-owned by Lucio Tan. PAL may be losing but the second wealthiest Filipino keeps on getting richer,” he argued.
He called on PAL workers to reject the termination notices that will come in the wake of the DOLE decision affirming the mass layoff plan. “PALEA calls on its members not to accept any termination paper and not to sign any employment contract with service providers. All for one and one for all in the fight for job security and union security,” he explained.
Rivera recalled that when the mass retrenchment was initially implemented last April, employees were asked to sign termination papers in one room and then to transfer to another room to sign employment contracts with service providers. “Let us not be tricked into swallowing the bitter pill of retrenchment now that it has been artificially sweetened with a slightly higher separation pay,” he insisted.
Subscribe to:
Posts (Atom)